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CONSTITUTION 



OF THE 



STATE OF RHODE-ISLAND W7 



AND 



PROVIDENCE PLANTATIONS, 



AS ADOPTED BY THE 



COfVEMIO 



ASSEMBLED AT PROVIDENCE, 



NOVEMBER, 1841. 



PROVIDENCE: 

KNOWLES & VOSE PRINTERS 
1842. 



4? W 



\J 



CONSTITUTION 



OF THE 



STATE OF RHODE-ISLAND 



AND 



PROVIDENCE PLANTATIONS. 



We, the People of the State of Rhode-Island and Provi- 
dence Plantations, do ordain and establish this Constitution for 
the government thereof. 

ARTICLE FIRST. 

DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND 

PRINCIPLES. 

In order effectually to secure the religious and political free- 
dom established here by our venerated ancestors, and to pre- 
serve the same for their posterity, we do declare, that the 
inherent, essential, and unquestionable rights and principles 
hereinafter mentioned, among others, shall be established, 
maintained and preserved, and shall be of paramount obliga- 
tion in all legislative, judicial and executive proceedings. 

Section 1. Every person, within this State, ought to find a 
certain remedy, by having recourse to the laws, for all injuries 
or wrongs which he may receive in his person, property or 
character. He ought to obtain right and justice freely, and 
without being obliged to purchase it, completely and without 
denial, promptly and without delay ; conformably to the laws. 

Sec. 2. The right of the people to be secure in their persons, 
papers and possessions, against unreasonable searches and 
seizures, shall not be violated ,• and no warrant shall issue, but 
on complaint in writing, upon probable cause, supported by 






m 



oath or affirmation, and describing as nearly as may be, the 
place to be searched and the persons or things to be seized. 

Sec. 3. No person shall be holden to answer for a capital or 
other infamous crime, unless on presentment or indictment by 
a grand jury, except in cases of impeachment, or such offences 
as are usually cognizable by a justice of the peace ; or in cases 
arising in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger. No person shall 
be tried, after an acquittal, for the same offence. 

Sec. 4. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel punishments inflicted ; and all pun- # 
ishments ought to be proportioned to the offence. 

Sec. 5. All persons imprisoned ought to be bailable by suf- 
ficient sureties, unless for capital offences, when the proof is 
evident, or the presumption great. The privilege of the writ 
of habeas corpus shall not be suspended, unless when in cases 
of rebellion or invasion the public safety shall require it ; nor 
ever without the authority of the General Assembly. 

Sec. 6. In all criminal prosecutions, the accused shall enjoy 
the privilege of a speedy and public trial, by an impartial jury; 
to be informed of the nature and cause of the accusation, to be 
confronted with the witnesses against him, to have compulsory 
process for obtaining them in his favor, and to have the assis- 
tance of counsel in his defence, and be at liberty to speak for 
himself; nor shall he be deprived of life, liberty or property, 
unless by the judgment of his peers, or the law of the land. 

Sec. 7. The person of a debtor, where there is not strong 
presumption of fraud, ought not to be continued in prison, 
after he shall have delivered up his property for the benefit of 
his creditors, in such manner as shall be prescribed by law. 

Sec. 8. No ex post facto law, or law impairing the obliga- 
tion of contracts, shall be made. 

Sec. 9. No man in a court of common law shall be com- 
pelled to give evidence criminating himself. 

Sec. 10. Every man being presumed innocent, until pro- 
nounced guilty by the law, all acts of severity, that are not 
necessary to secure an accused person, shall be repressed. 



5 

Sec. 11. The right of trial by jury shall remain inviolate. 

Sec. 12. Private property shall not be taken for public uses, 
without just compensation. 

Sec. 13. The citizens shall continue to enjoy and freely 
exercise the rights of fishery, and all other rights to which 
they have been heretofore entitled under the charter of this 
State, except as is herein otherwise provided. 

Sec. 14. The military shall always be held in strict subor- 
dination to the civil authority. 

Sec. 15. No soldier, shall in time of peace, be quartered in 
any house, without the consent of the owner ; nor, in time of 
war, but in manner to be prescribed by law. 

Sec. 16. The liberty of the press being essential to the 
security of freedom in a State, any person may publish his 
sentiments on any subject, being responsible for the abuse of 
that liberty; and in all trials for libel, both civil and criminal, 
the truth, unless published from malicious motives, shall be a 
sufficient defence to the person charged. 

Sec. 17. The citizens have a right in a peaceable manner 
to' assemble for their common good, and to apply to those in- 
vested with the powers of Government, for redress of grievan- 
ces, or other purposes, by petition, address or remonstrance. 

Sec. 18. The right of the people to keep and bear arms, 
shall not be infringed. 

Sec. 19. Slavery shall not be tolerated in this State. 

Sec. 20. Whereas Almighty God hath created the mind 
free ; and all attempts to influence it, by temporal punishments 
or burthens, or by civil incapacitations, tend to beget habits of 
hypocrisy and meanness ; and whereas a principal object of 
our venerable ancestors, in their migrations to this country, 
and their settlement of this State, was, as they expressed it, 
to hold forth a lively experiment, that a flourishing civil state, 
may stand, and be best maintained, with full liberty in reli- 
gious concernments ; We therefore declare that no man shall 
be compelled to frequent or support any religious worship, 
place or ministry whatever ; nor enforced, restrained, molested 
or burthened in his body or goods ; nor disqualified from hold- 



ing any office ; nor otherwise suffer, on account of his religious 
belief. And that all men shall be free to profess, and by argu- 
ment to maintain their opinion in matters of religion j and 
that the same shall in no wise diminish, enlarge or affect their 
civil capacities. 

Sec. 21. The enumeration of the foregoing rights shall not 
be construed to impair or deny others retained by the people. 

ARTICLE SECOND. 

OF THE RIGHT OF SUFFRAGE. 

Section 1. Every person who is now a freeman and quali- 
fied voter shall continue to be so, so long as he retains the qual- 
ifications upon which he was admitted. 

Sec. 2. Hereafter, every white male native citizen of the 
United States, or any territory thereof, of the full age of twen- 
ty-one years, who shall have had his actual permanent residence 
and home in this State, for the period of one year, and in the 
town or city in which he may claim a right to vote, six months 
next preceding the time of voting, and shall be seized in his 
own right, of a freehold real estate in such town or city, of the 
value, at least, of one hundred and thirty-four dollars, over and 
above all incumbrances, shall therefrom have a right to vote 
in the election of all civil officers, and on all questions in 
all legal town or ward meetings. 

Sec. 3. Every white male native citizen of the United States 
or any territory thereof, of the full age of twenty-one years, 
who shall have had his actual permanent residence and home 
in this State for the period of two years, and in the town or city 
in which he may claim a right to vote, six months, next pre- 
ceding the time of voting, shall have a right to vote in the 
election of all civil officers, and on all questions, in all legal 
town or ward meetings : Provided, however, that no person 
who is not now a freeman, shall be allowed to vote upon any 
motion to impose a tax, or incur expenditures, in any town or 
city, unless he possess the freehold qualification required by 
this article j or shall have been taxed on property valued, at 
least, at one hundred and fifty dollars, within one year from 



the time he may offer to vote, and shall have paid such tax in 
said town or city. 

Sec 4. Any white male native of any foreign country of the 
full age of twenty-one years, naturalized in the United States 
according to law, who shall have had his actual permanent re- 
sidence and home in this State for the period of three years 
after his naturalization, and in the town or city in which he 
may claim a right to vote six months next preceding the time 
of voting, and shall be seized in his own right, of a freehold 
real estate, in such town or city, of the value, at least, of one 
hundred and thirty-four dollars, over and above all incum- 
brances, shall, therefrom, have a right to vote in the election 
of all civil officers, and in all questions "in all town or ward 
meetings. But no person in the military, naval, marine, or 
any other service of the United States, shall be considered as 
having the required residence by reason of being employed in 
any garrison, barrack, or military or naval station in this State. 
And no pauper, lunatic, or person non-compos mentis, or under 
guardianship, shall be permitted to vote j nor shall any person 
convicted of any crime, deemed infamous at common law, be 
permitted to exercise that privilege, until he be restored thereto 
by the General Assembly. Persons residing on land ceded by 
this State to the United States shall not be entitled to exercise 
the privilege of electors during such residence. 

Sec 5. The General Assembly shall, as soon as may be after 
the adoption of this Constitution, provide for the registration of 
of voters ; and shall also have full power generally to enact all 
laws necessary to carry this article into effect, and to prevent 
abuse and fraud in voting. 

Sec 6. All persons entitled to vote shall be protected from 
arrest in civil cases, on the days of election, and on the day 
preceding, and the day following an election. 

Sec. 7. In the city of Providence and all other cities no 
person shall be eligible to the office of mayor, alderman, or 
common councilman, who is not qualified to vote upon a mo- 
tion to impose a tax or incur expenditures as herein provided. 

Sec. 8. The General Assembly shall have power to provide, 



8 

by special or general laws, for the admission of any native 
male citizen of the United States, or any territory, who shall 
have had his permanent residence and home in this State for 
two years, but who is not otherwise qualified under this article, 
to vote on such conditions as they may deem proper, except 
for taxes and expenditures. 

ARTICLE THIRD. 

OF THE DISTRIBUTION OF POWERS. 

The powers of the government shall be distributed into three 
distinct branches ; the Legislative, Executive and Judicial. 

ARTICLE FOURTH. 

OF THE LEGISLATIVE POWER. , 

Section. 1. This Constitution shall be the supreme law of 
the State, and all laws inconsistent therewith shall be void. 
The General Assembly shall pass all such laws as are necessary 
to carry this Constitution into effect. 

Sec. 2. The Legislative power, under this Constitution, 
shall be vested in two distinct Houses, or Branches, each of 
which shall have a negative on the other ; the one to be styled 
the Senate, the other the House of Representatives ; and both 
together the General Assembly. The style of their laws shall 
be, It is enacted by the General Assembly as follows. 

Sec. 3. There shall be one session of the General Assembly 
holden annually at Newport, on the first Tuesday of May ; 
and one other annual Session to be holden on the last Monday 
of October, once in two years at South Kingstown, and the 
intermediate. years alternately at Bristol and East Greenwich; 
and the adjournment from the October Session, shall be holden 
at Providence. 

Sec. 4. No member of the General Assembly shall take any 
fees, or be of counsel in any case pending before either branch 
of the General Assembly, under penalty of forfeiting his seat, 
upon due proof thereof to the satisfaction of the branch of 
which he is a member. 

Sec, 5, The person and estate of every member of the Gen- 



9 

eral Assembly shall be free and exempt from all process in any 
civil action daring the session of the General Assembly, and 
for two days before the commencement, and after the termina- 
tion thereof. And all process served contrary hereto shall be 
void. And for any speech in debate, in either House, no mem- 
ber shall be questioned in any other place. 

Sec. 6. Each House shall be the judge of the elections and 
qualifications of its members ; and a majority shall constitute 
a quorum to do business ; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent 
members, in such manner, and under such penalties as each 
House may prescribe. 

Sec. 7. Each House may determine the rules of proceeding, 
punish contempts, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member ; but 
not a second time for the same cause. 

Sec. 8. Each House shall keep a journal of its proceedings. 
The yeas and nays of the members of either House, shall, at the 
desire of one-fifth of those present, be entered on the journal. 

Sec. 9. Neither House shall, during a session, without the 
consent of the other, adjourn for more than two days, nor to 
any other place than that in which they may be sitting. 

Sec. 10. The General Assembly shall continue to exercise 
the judicial power, the power of visiting corporations, and all 
other powers they have heretofore exercised not inconsistent 
with this Constitution. 

Sec. 11. The General Assembly shall regulate the compen- 
sation of the Governor and other officers elected by general 
ticket, or by the General Assembly, and of the members of 
the General Assembly, subject to the limitations contained in 
this Constitution. 

Sec. 12. All lotteries shall hereafter be prohibited in this State, 
except those already authorized by the General Assembly. 

Sec. 13. The General Assembly shall have no power, here- 
after, to incur State debts, to an amount exceeding fifty thous- 
and dollars, except in time of war, or in case of invasion, 

without the express consent of the people, nor in any case 
% 



!0 

without such consent to pledge the faith of the State for the 
payment of the obligations of others. This section shall not 
be construed to refer to any money that may be deposited T ith 
this State by the Government of the United States. 

Sec. 14. The assent of two-thirds of the members elected 
to each branch of the General Assembly shall be required to 
every bill appropriating the public moneys or property for local 
or private purposes. 

Sec. 15. The General Assembly shall from time to time, 
provide for making new valuations of property, for the assess- 
ment of taxes, in such manner as they may deem best. No 
direct State tax shall be assessed on the rateable property of 
the State before a new estimate of such property shall be taken 

Sec. 16. Whenever a direct tax is laid by the State, one- 
sixth part thereof shall be assessed on the polls of the qualified 
electors ; provided that the tax on a poll shall never in any 
one tax exceed the sum of fifty cents. 

Sec. 17. The General Assembly may provide by law for 
the continuance in office of any officers of annual appointment 
until other persons are qualified to take their places. 

ARTICLE FIFTH. 

OF THE HOUSE OF REPRESENTATIVES. 

Section 1. The House of Representatives shall consist of 
members elected by the Electors of the several towns and 
cities in the respective town and ward meetings. Each town 
or city having four thousand inhabitants, and under six thou- 
sand five hundred, shall be entitled to elect three Representa- 
tives ; each town or city having six thousand five hundred 
inhabitants, and under ten thousand, shall be entitled to elect 
four Representatives ; each town or city having ten thousand 
inhabitants, and under fourteen thousand, shall be entitled to 
elect five Representatives ; each town or city having fourteen 
thousand inhabitants, and under eighteen thousand, shall be 
entitled to elect six Representatives ; each town or city hav- 
ing eighteen thousand inhabitants, and under twenty-two thou- 
sand, shall be entitled to elect seven Representatives ; each 



11 

town or city having over twenty-two thousand inhabitants, 
shall be entitled to elect eight Representatives. But no town 
or c/'ty shall be entitled to elect more than eight Representatives; 
a every town or city shall be entitled to elect two. The 
Representation of the several towns and cities in this State 
shall be apportioned agreeable to the last census of the people 
of the United States, preceding the election. 

Sec. 2. The House of Representatives shall have anthority 
to elect its Speaker, Clerks, and other officers. The oath of 
office shall be administered by the Secretary of State, or in his 
absence, by the Attorney General. The Clerks shall be en- 
gaged by the Speaker. 

Sec. 3. Whenever the seat of a member of the House of 
Representatives shall be vacated by death, resignation, or 
otherwise, the vacancy may be filled by a new election. 

Sec. 4. The senior member from the town of Newport, pre- 
sent, shall preside in the organization of the House. 

ARTICLE SIXTH. 

OF THE SENATE. 

Section 1. The Senate shall consist of nineteen members, 
to be chosen annually by the majority of electors, by districts. 
The State shall be divided into sixteen districts, as follows : 

First. The town of Newport shall constitute the first Sena- 
torial district, and shall be entitled to elect two Senators. 

Second. The towns of Portsmouth, Middletown, Tiverton, 
Little Compton, New Shoreham, and Jamestown shall consti- 
tute the second Senatorial district, and shall be entitled to elect 
two Senators. 

Third. The City of Providence, shall constitute the third 
Senatorial district, and shall be entitled to elect two Senators, 

Fourth. The town of Smithfield shall constitute the fourth 
Senatorial district, and shall be entitled to elect one Senator. 

Fifth. The towns of Cumberland and North Providence, 
shall constitute the fifth Senatorial district, and shall be enti- 
tled to elect one Senator. 

Sixth. The towns of Scituate, Cranston, and Johnston, shall 



12 

constitute the sixth Senatorial district, and shall be entitled to 
elect one Senator. 

Seventh. The towns of Glocester, Foster and Burrillville, 
shall constitute the seventh Senatorial district and shall be en- 
titled to elect one Senator. 

Eighth. The town of South Kingstown, shall constitute the 
eighth Senatorial district and shall be entitled to elect one 
Senator. 

Ninth. The towns of Westerly and Charlestown shall consti- 
tute the ninth Senatorial district, and shall be entitled to elect 
one Senator. 

Tenth. The towns of Hopkinton and Richmond, shall con- 
stitute the tenth Senatorial district, and shall be entitled to 
elect one Senator. 

Eleventh. The towns of North Kingstown and Exeter shall 
contitute the eleventh Senatorial district, and shall be entitled 
to elect one Senator. 

Twelfth. The town of Bristol shall constitute the twelfth 
Senatorial district, and shall be entitled to elect one Senator. 

Thirteenth. The towns of Warren and Barrington shall con- 
stitute the thirteenth Senatorial district, and shall be entitled 
to elect one Senator. 

Fourteenth. The towns of East Greenwich and West Green- 
wich shall constitute the fourteenth Senatorial district, and 
shall be entitled to elect one Senator. 

Fifteenth. The town of Coventry shall constitute the fif- 
teenth Senatorial district, and shall be entitled to elect one Sen- 
ator. 

Sixteenth. The town of Warwick shall constitute the six- 
teenth Senatorial district, and shall be entitled to elect one Sen- 
ator. 

And no more than one Senator shall be elected from any 
town for the same term, in the second senatorial district. 

Sec. 2. The Lieutenant Governor shall ex-officio be a 
member of the Senate. 

The Secretary of State shall be by virtue of his office Secre- 
tary of the Senate, unless otherwise provided by law, and the 



It 

Senate may elect such other officers as they may deem neces- 
sary. 

Sec. 3. If, by reason of death, resignation, or absence, there 
be no Governor or Lieutenant Governor present, to preside in 
the Senate, the Senate shall elect one of their own number to 
preside, until the Governor or Lieutenant Governor returns, or 
until one of said offices is filled according to this Constitution, 
and until such election is made by the Senate, the Secretary of 
State shall preside. 

ARTICLE SEVENTH. 

OF IMPEACHMENTS. 

Section 1. The House of Representatives shall have the 
sole power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate ; and 
when sitting for that purpose, they shall be under oath or 
affirmation. No person shall be convicted except by vote of 
two-thirds of the members elected. When the Governor is 
impeached, the Chief or presiding Justice of the Supreme 
Judicial Court for the time being, shall preside, with a casting 
vote in all preliminary questions. 

Sec. 3. The Governor, and all other Executive and Judicial 
officers shall be liable to impeachment ; but judgment in such 
cases, shall not extend further than to removal from office. 
The party convicted, shall, nevertheless, be liable to indict- 
ment, trial, and punishment, according to law. 

ARTICLE EIGHTH. 

OF THE EXECUTIVE POWER. 

Section 1. The chief executive power of this State shall be 
vested in a Governor. 

Sec. 2. The Governor shall take care that the laws be faith- 
fully executed. 

Sec. 3. He shall be Captain-General and Commander-in- 
Chief of the military and naval forces of this State, except 
when they shall be called into the service of the United States. 

Sec. 4. He shall have power to grant reprieves, after con- 
viction, in all cases, except those of impeachment, until the 
eud of the next session of the General Assembly, and no longer, 



Sec. 5. The person filling the office of Governor shall pre- 
side in the Senate and in Grand Committee ; and shall have a 
right in case of equal division, to vote-— not otherwise. 

Sec. 6. He may fill vacancies in office not otherwise pro- 
vided for by this Constitution or by law, until the same shall 
be filled by the General Assembly, or the people. 

Sec. 7. In case of disagreement between the two Houses 
of the General Assembly, respecting the time or place of ad- 
journment, certified to him by either, he may adjourn them 
to such time and place as he shall think proper ; provided that 
the time of adjournment shall not be extended beyond the day 
of the next stated session. 

Sec. 8. He may, on special emergencies, convene the Gen- 
eral Assembly at any town in this State, at any time not pro- 
vided for by law j and in case of danger from the prevalence of 
epidemic or contagious diseases, in either of the places in which 
the General Assembly may by law meet, or to which they may 
have been adjourned j or from other circumstances, he may, by 
proclamation, convene said Assembly, at any other place with- 
in this State. 

Sec. 9. All commissions shall be in the name and by au- 
thority of the State of Rhode Island and Providence Plan- 
tations ; shall be sealed with the State seal, signed by the 
Governor and attested by the Secretary. 

Sec. 10. In case of the death, resignation, refusal or inability to 
serve, or removal from office of the Governor, or of his impeach- 
ment or absence from the State, the Lieutenant Governor shall 
exercise the powers and authority appertaining to the office of 
Governor, until another be chosen at the next annual election 
for Governor, and be duly qualified, or until the Governor im- 
peached or absent, shall be acquitted or return. 

Sec. 11. If the offices of Governor and Lieutenant Governor 
be both vacant by reason of death, resignation, absence or oth- 
erwise, the person entitled to preside over the Senate for the 
time being, shall in like manner administer the government 
until he be suderseded by a Governor or Lieutenant Governor. 

Sec. 12. The compensation of the Governor and Lieutenant 



i 



10 

Governor shall be established by law, and shall not be dimin- 
ished duriug the term for which they were elected. 

Sec. 13. The duties and powers of the Secretary, Attorney 
General, and General Treasurer, shall be the same under this 
Constitution, as are now established, or from time to time may 
be prescribed by law. 

ARTICLE NINTH. 

OF ELECTIONS. 

Section 1. The Governor, Lieutenant Governor, Senators, 
Representatives, Secretary of State, Attorney General, and Gen- 
eral Treasurer, shall be elected at the town, city or ward meet- 
ings, to be holden on the third Wednesday of April, annually ; 
and shall severally hold their offices for one year, from the first 
Tuesday in May next succeeding their election, and until oth- 
ers are legally chosen and duly qualified to fill their places. 

Sec. 2, The voting for all officers chosen by the people, ex- 
cept town or city officers, shall be by ballot, in manner to be 
regulated by law. Town or city officers shall be chosen by 
ballot, on demand of any two persons entitled to vote for the 
same. 

Sec. 3. The names of the persons voted for as Governor, 
Lieutenant Governor, Secretary of State, General Treasurer 
and Attorney General, shall be put upon one ticket, and the 
tickets shall be deposited by the moderator or warden in a box 
by themselves. The names of the persons voted for as Sena- 
tors, and as Representatives, shall be put upon separate tickets, 
and the tickets shall be deposited by the moderator or ward- 
en in separate boxes. The polls for all the officers named 
in this section shall be opened at the same time. 

Sec. 4. All the votes given for Governor, Lieutenant Gov- 
ernor, Secretary of State, General Treasurer and Attorney 
General, and also for Senators, shall remain in the ballot boxes 
till the polls are closed. These votes shall then in open town 
and ward meetings be taken out and sealed in separate envel- 
opes by the moderators and town clerks and by the wardens 
and ward clerks, who shall certify the same and forthwith de- 



16 

liver or send them to the Secretary of State ; whose duty it 
shall be securely to keep the same, and to deliver the votes for 
General Officers to the Speaker of the House of Representa- 
tives, after the House shall be organized, at the May session 
of the General Assembly. The votes last named shall with- 
out delay be opened, counted and declared, in such manner as 
the House of Representatives shall direct. The votes for 
Senators shall be counted by the Governor and Secretary of 
State, within seven days from the day of election, and the 
Governor shall give certificates to the Senators who are elected. 

Sec. 5. The votes for Representatives in the several towns, 
after the polls are declared to be closed for the same, shall be 
counted by the moderators and clerks, who shall announce the 
result, and give certificates to the persons elected. If there 
be no election, or not an election of the whole number of 
Representatives to which the town is entitled, the polls for 
Representatives may be re-opened, and the like proceedings 
shall be had until an election shall take place : provided how- 
ever, that an adjournment or adjournments of the election may 
be made to a time not exceeding seven days from the first 
meeting. 

Sec. 6. In the city of Providence and other cities, the polls 
for Representatives shall be kept open during the whole time 
of voting for the day, and the votes in the several wards shall 
be sealed up at the close of the meeting by the wardens and 
ward clerks in open ward meeting and delivered to the city 
clerk. The Mayor and Aldermen of said city or cities, shall 
proceed to count said votes within two days from the day of 
election ; and if no election, or an election of only a portion of 
the Representatives shall have taken place, the Mayor and 
Aldermen shall order a new election, to be held not more than 
ten days from the day of the first election, and so on till 
the election of Representatives shall be completed. Certifi- 
cates of election shall be furnished by the city clerks to the 
persons chosen. 

Sec. 7. If no person shall have a majority of votes for the 
office of Governor, or Lieutenant Governor, the Senate and 



17 

House of Representatives, in grand committee, may choose one 
by ballot from the two persons having the highest number of 
votes. 

Sec. 8. In case an election of the Secretary of State, Attor- 
ney General, or General Treasurer, should fail to be made by 
the electors at their annual election, the vacancy or vacancies 
shall be filled by the General Assembly in grand committee, 
from the two candidates for such office having the greatest 
number of the votes of the electors. Or, in case of a vacancy in 
either of said offices from other causes, between the sessions of 
the General Assembly, the Governor shall appoint some person 
to fill the same until a successor elected by the General Assem- 
bly is qualified to act ; and in such case, and also in all Other 
cases of vacancies not otherwise provided for, the General As- 
sembly may fill the same in any manner they may deem 
proper. 

Sec. 9. If there be no choice of a Senator or Senators at the 
annual election, or if a vacancy in the Senate occur from any 
other cause, the Governor shall issue his warrant to the town 
and ward clerks of the several towns and cities, in the Sena- 
torial district or districts, that may have failed to elect, or 
where such vacancy may have occurred, requiring them to 
open town or ward meetings for another election, on a day to 
be by him appointed, not more than fifteen days from the time 
of issuing such warrant ; and in such election, a plurality of 
votes shall elect. 

Sec. 10. All general officers shall take the following engage- 
ment before they act in their respective offices, to wit : You 
being by the free vote of the freemen of this 
State of Rhode-Island and Providence Plantations, elected 
unto the place of do solemnly swear (or affirm) to be 

true and faithful unto this State, and to support the Constitu- 
tion of this State and of the United States; that you will 
faithfully and impartially discharge all the duties of your afore- 
said office, to the best of your abilities, according to law : So 
help you God. Or, this affirmation you make and give upon 
the peril of the penalty of perjury. And the members of the 
3 



18 

General Assembly shall take an engagement to the same effect. 

Sec. 11. In all elections held by the people, under this 
Constitution, a majority of all the electors voting shall be 
necessary to the choice of the persons voted for, except as is 
herein otherwise provided. 

Sec. 12. The officers now elected in Grand Committee, ex- 
cept Justices of the Peace, shall continue to be so elected until 
otherwise prescribed by law. 

Sec. 13. The oath, or affirmation, shall be administered to 
the Governor, Lieutenant Governor and Senators, by the 
Speaker of the House of Representatives in presence of the 
House, or elsewhere, by a Justice of the Supreme Judicial 
Court. The Secretary of State, Attorney General and General 
Treasurer, shall be engaged by the person exercising the office 
of Governor. 

ARTICLE TENTH. 

OF QUALIFICATIONS FOR OFFICE. 

Section 1. No person shall be qualified to hold the office of 
Governor, Lieutenant-Governor, Senator, or Representative in 
the General Assembly, unless he be a duly qualified elector. 
No person shall be elected Representative to the General As- 
sembly, or to any town or city office, unless he be a qualified 
elector and inhabitant of the town or city which elects him. 

Sec. 2. Every person shall be disqualified from holding any 
office to which he may have been elected, if he be convicted 
of having offered or procured any other person to offer any 
bribe to secure his election, or the election of any other per- 
son. 

Sec. 3. The Judges of all the Courts, and all other officers, 
both civil and military, shall he bound by oath or affirmation 
to support this Constitution, and the Constitution of the United 
States. 

Sec. 4. No person who holds any office under the Govern- 
ment of the United States, or any other State or Foreign coun- 
try, shall be capable of acting as a general officer, or shall take 
a seat in the General Assembly, unless at the time of taking 



19 

his engagement, he shall have resigned his office under such 
other government. And if any general officer, Senator, Re- 
presentative or Judge, shall, after his election, accept or hold 
any office under any other Government, he shall not be capa- 
ble thereafter of acting as a General officer, Senator, Repre- 
sentative, or Judge, but the office shall be thereby vacated. 

ARTICLE ELEVENTH. 

OF THE JUDICIAL POWER. 

Section 1. The Judicial power of this State shall be vested 
in one Supreme Judicial Court, and in such inferior Courts as 
the General Assembly, may, from time to time, ordain and 
establish ; and the jurisdiction of the Supreme and of all other 
Courts, may, from time to time, be regulated by the General 
Assembly. 

Sec. 2. Chancery powers may be conferred by the General 
Assembly on the Supreme Judicial Court ; but no other Court 
exercising Chancery powers, shall be established in this State, 
except as is now provided by law. 

Sec. 3. The Justices of the Supreme Judicial Court shall be 
elected in Grand Committee of the two Houses, to hold their 
offices until their places be declared vacant by a resolution of 
the General Assembly to that effect ; which shall be voted for 
by a majority of all the members elected to the House in which 
it may originate, and be concurred in by the same majority of 
the other House. Such resolution shall not be entertained at 
any other than the annual Session for the election of public 
officers ; and in default of the passage thereof at said Session, 
the Judge or Judges shall hold his or their places as is herein 
provided. But a Judge of this, or of any other Court inferior 
to the same, shall be removable from office, if upon impeach- 
ment he shall be found guilty of any official misdemeanor. 

Sec. 4. In case of vacancy by the death, resignation, refusal 
or inability to serve, or absence from the State of a Judge of 
this Court, his place may be filled by the Grand Committee 
until the next annual election ; when, the Judge elected, shall 
hold his office as before provided. 



20 

Sec. 5. The Judges of the Supreme Judicial Court shall 
receive a suitable compensation for their services, which shall 
not be diminished during their continuance in office. 

Sec. 6. The Judges of the Supreme Judicial Court, shall in 
all trials instruct the Jury in the law. 

Sec. 7. There shall be annually elected by each town, and 
by the several wards in the city of Providence, a sufficient 
number of Justices of the Peace or Wardens, resident therein 
with such jurisdiction as the General Assembly may prescribe. 
And said Justices or Wardens, except in the towns of New 
Shoreham and Jamestown, shall be commissioned by the 
Governor. 

Sec. 8. The Courts of Probate in this State, excepting the 
Supreme Judicial Court, shall remain as at present established 
by law, until the General Assembly shall otherwise prescribe. 

ARTICLE TWELFTH. 

OF EDUCATION. 

Section 1. The diffusion of knowledge, as well as of virtue, 
among the people, being essential for the preservation of their 
rights and liberties, it shall be the duty of the General Assem- 
bly to promote public schools, and to adopt all other means 
to secure to the people the advantages and opportunities of 
education, which they may deem necessary and proper. 

Sec. 2. The money which now is, or which may hereafter 
be appropriated by law for the formation of a permanent fund 
for the support of Public Schools, shall be securely invested 
and remain a perpetual fund for that purpose. 

Sec. 3. All donations for the support of Public Schools or for 
other purposes of education, which shall be received by the 
General Assembly, shall be applied according to the terms 
prescribed by the donors. 

Sec. 4. The General Assembly shall make all necessary 
provisions by law for carrying this Article into effect. They 
are prohibited from diverting said moneys or fund from the 
aforesaid uses, and from borrowing, appropriating or using the 
same, or any part thereof, for any other purpose under any pre- 
tence, whatsoever. 



21 
ARTICLE THIRTEENTH. 

OF AMENDMENTS. 

The General Assembly may propose amendments to this 
Constitution by the votes of a majority of all the members 
elected to each House. Such propositions shall be published 
in the newspapers, and printed copies of said propositions shall 
be sent by the Secretary of State, with the names of all the 
members who shall have voted thereon, with the yeas and nays, 
to all the town and city clerks in the State ; and the said 
propositions shall be, by said Clerks, inserted in the warrants 
or notices by them issued, for warning the next annual town 
and ward meetings in April ; and the Clerks shall read said 
propositions to the Electors when thus assembled, with the 
names of all the Representatives and Senators who shall have 
voted thereon, with the yeas and nays, before the election of 
Representatives and Senators shall be had. If a majority of 
all the members elected to each House, at said annual meeting, 
shall approve any proposition thus made, the same shall be 
published and sent to the electors in the mode provided in the 
act of approval ; and if then approved by three fifths of the 
electors of the State present, and voting thereon in town and 
ward meetings, it shall become a part of the Constitution of 
the State. 

ARTICLE FOURTEENTH. 

OF THE ADOPTION OF THIS CONSTITUTION. 

Section 1. This Constitution, if adopted, shall go into opera- 
tion on the first Tuesday in May, in the year one thousand 
eight hundred and forty-two. The first election of Governor, 
Lieutenant-Governor, Secretary of State, Attorney General, 
and General Treasurer, and of Representatives and Senators 
under said Constitution, shall be had on the third Wednesday 
of April next preceding. And the town and ward meetings 
therefor shall be warned and conducted as is now provided by 
law. All civil, judicial and military officers no w elected, or who 
shall hereafter be elected, by the General Assembly, or other 
competent authority, before the said first Tuesday of May, shall 



22 

« 

hold their offices and may exercise their powers until that time 3 
or until their successors are qualified to act. All statutes, pub- 
lic and private, not repugnant to this Constitution, shall con- 
tinue in force until they expire by their own limitation, or are 
repealed by the General Assembly. All charters, contracts, 
judgments, actions, and rights of action, shall be as valid as if 
this Constitution had not been made. The present govern- 
ment shall exercise all the powers, with which it is now cloth- 
ed until the said first Tuesday of May, one thousand eight 
hundred and forty-two, and until their successors, under this 
Constitution are duly elected and qualified. 

Sec. 2. All debts contracted and engagements entered into, 
before the adoption of this Constitution, shall be as valid against 
the State, as if this Constitution had not been formed. 

Sec. 3. The Supreme Judicial Court, established by this 
Constitution, shall have the same jurisdiction as the Supreme 
Judicial Court at present established, and shall have jurisdiction 
of all causes which may be appealed to, or pending in the same; 
and shall be held at the same times and places, and in each 
county, as the present Supreme Judicial Court, until otherwise 
prescribed by the General Assembly. 

Sec. 4. The towns of Jamestown and New-Shoreham shall 
continue to enjoy the exemptions from military duty which 
they now enjoy, until otherwise prescribed by law. 

Done in Convention, Feb. 19, 1842. 

HENRY Y. CRANSTON, 

President of the Convention. 

Thomas A. Jenckes, Secretary. 

Walter W. Updike, Assistant Secretary. 

State of Rhode-Island and Providence Plantations, > 
Secretary's Office, February, 1842. S 
Tne foregoing is a true copy of the original Roll deposited 
in the Secretary's office. 

"Witness ° 

HENRY BOWEN, Sec'ry. 



23 

State op Rhode-Island and Providence Plantations. 
In Convention, February \9th, A. D. 1842. 

Resolved, That the Constitution framed by this Convention, 
be certified by the President and Secretaries, and with the 
journal and papers of the Convention, shall be deposited in the 
office of the Secretary of State ; that the Secretary of State 
cause said Constitution, together with this Resolution, and all 
the Acts and Resolutions of the General Assembly relating to 
this Convention, to be printed and distributed according to 
law ; and that said Constitution be submitted to all the people 
authorized to vote for General Officers under the same, for their 
ratification or rejection, at town and ward meetings, to be hol- 
den in the several towns, and in the city of Providence, on 
Monday, Tuesday and Wednesday, the twenty-first, twenty- 
second, and twenty-third days of March, A. D», 1842. The 
several town and city Clerks shall issue the necessary warrants 
for said meetings. Said meetings shall be kept open for the 
reception of votes, from the hour of nine o'clock in the fore- 
noon, until seven o'clock in the afternoon ; and in the city of 
Providence and town of Newport, until nine o'clock in the 
evening, on the days appointed. At said town and ward meet- 
ings every person voting, shall have his name written on the 
back of his ballot ; and said ballots shall be sealed up in open 
town or ward meetings, and with lists of the names of the vo- 
ters, shall be returned to the General Assembly at their session 
to be holden on the fourth Monday of March next. 

Read and adopted February, 19, 1842. 

THOMAS A. JENCKES, Sec'ry. 

True copy of the original Resolution deposited in the office 
of the Secretary of State. 

Witness * 

HENRY BOWEN, Sec>ry. 



24 

State of Rhode-Island and Providence Plantations, 
In General Assembly, January Session, A. D. 1841. 

Resolved by the General Assembly, (the Senate concurring 
with the House of Representatives therein,) that the Freemen 
of the several towns in this State, and of the city of Providence, 
qualified to vote for General Officers, be, and they are hereby 
requested to choose, at their semi-annual town or ward meet- 
ings in August next, so many delegates, and of like qualifica- 
tions, as they are now respectively entitled to choose Repre- 
sentatives to the General Assembly, to attend a Convention, to 
be holden at Providence, on the first Monday of November, 
1841, to frame a new Constitution for this State, either in 
whole or in part, with full powers for this purpose : and if only 
for a Constitution in part, that said Convention have under 
their especial consideration, the expediency of equalizing the 
representation of the towns in the House of Representatives. 

Resolved, That a majority of the whole number of Dele- 
gates, which all the towns are entitled to choose, shall consti- 
tute a quorum ; who may elect a President and Secretary, 
judge of the qualifications of the members, and establish such 
rules and proceedings as they may think necessary ; and any 
town or city which may omit to elect its Delegates at the 
said meetings in August, may elect them at any time previous 
to the meeting of said Convention. 

Resolved, That the Constitution or Amendments agreed 
upon by said Convention, shall be submitted to the freemen in 
open town or ward meetings, to be holden at such time as may 
be named by said Convention. The said Constitution or 
amendments, shall be certified by the President and Secretary^ 
and returned to the Secretary of State ; who shall forthwith 
distribute to the several town and city clerks, in due propor- 
tion, one thousand printed copies thereof; and also fifteen 
thousand ballots, on one side of which shall be printed amend- 
ments, or, Constitution adopted by the Convention, holden at 
Providence, on the first Monday of November last : and on the 
other side, the word Approve, on one half of the said ballots, 
and the word Reject, on the other half. 

Resolved, That, at the town or ward meetings to be holden 
as aforesaid, every freeman voting, shall have his name written 
on the back of his ballot : and the ballots shall be sealed up in 
open town or ward meeting by the clerks, and with lists of 
the names of the voters, shall be returned to the General As- 
sembly, at its next succeeding session ; and said General Assem- 
bly, shall cause said ballots to be examined and counted ; and 



25 

said amendments, or Constitution, being approved of by a ma- 
jority of the freemen voting, shall go into operation and effect 
at such time as may be appointed by said Convention. 

Resolved, That a sum not exceeding three hundred dollars, 
be appropriated for defraying the expenses of said Convention, 
to be paid according to the order of said Convention, certified 
by its President. 

True copy : — Witness, 

HENRY BOWEN, Sec'ry. 



State of Rhode-Island and Providence Plantations. 

In General Assembly, May Session, A. D. 1841. 

Resolved by this General Assembly, (the Senate concurring 
with the House of Representatives theirin,) that the Delegates 
from the several towns to the State Convention, to be holden 
in November next, for the purpose of framing a State Consti- 
tution, be elected on the basis of population, in the following 
manner, to wit : every town of not more than 850 inhabitants 
may elect one delegate ; of more Irhan 850 and not more than 
3000 inhabitants, two delegates ; of more than 3000 and not 
more than 60O0 inhabitants, three delegates ; of more than 
6000 and not more than 10,000 inhabitants, four delegates ; of 
more than 10,000 and not more than 15,000 inhabitants, five 
delegates ; of more than 15,000 inhabitants, six delegates. 

Resolved, That the delegates attending said Convention be 
entitled to receive from the general treasury the same pay as 
members of the General Assembly. 

Resolved, that so much of the Resolutions to which these 
are in amendment, as is inconsistent herewith, be repealed. 
True copy : — Witness. 

HENRY BOWEN, Se&ry, 



State of Rhode-Island and Providence Plantations. 

In General Assembly, January Session, A. D. 1842. 

Resolved by this General Assembly, (the Senate concurring 
with the House of Representatives therein,) that the freemen 
of the towns in this State, in whose delegation to the Con- 
vention called to frame a Constitution, vacancies have occurred 

4 



26 

since the meeting of that Convention, or may hereafter occur, 
be requested to elect delegates to fill those vacancies at town 
and ward meetings, to be holden before, or during the session 
of said Convention ; notice of such meetings to be given at 
least one day previous to the holding thereof. 

True copy : — Witness, 

HENRY BOWEN, Sec'ry. 



State of Rhode-Island and Providence Plantations. 

In General Assembly, January Session, A. D. 1842. 

An Act in amentment of an Act entitled " An Act revising 
the Act entitled an Act regulating the manner of admitting 
Freemen, and directing the method of electing officers in this 
State." 

Whereas the good people of this State, having elected dele- 
gates to a Convention to form a Constitution, which Constitu- 
tion, if ratified by the people, will be the supreme law of the 
State, therefore, 

Be it enacted by the General Assembly, as follows : 

All persons now qualified to vote, and those who may be 
qualified to vote under the existing laws previous to the time 
of such their voting, and all persons who shall be qualified to 
vote under the provisions of such Constitution, shall be qualified 
to vote upon the question of the adoption of said Constitution. 
True copy : — Witness, 

HENRY BOWEN, SecWy. 



State of Rhode-Island and Providence Plantations. 

In General Assembly, January Session, A. D. 1842. 

Resolved, that so much of the Resolution relative to a Con- 
vention for making a Constitution, passed at the January ses- 
sion, 1841, as requires the Secretary of State to cause one 
thousand copies of the Constitution, and fifteen thousand ballots 
to be distributed to the several town and city Clerks, be 
amended, so that he shall cause five thousand copies of said 
Constitution, and twenty-five thousand ballots to be distribut- 



27 

ed in the same manner as is required by the aforesaid Reso- 
lution. 

Resolved, that said Convention be authorized to appoint one 
or more days for voting on the adoption of said Constitution. 

True copy : — Witness, 

HENRY BOWEN, Sec'ry. 



State of Rhode-Island and Providence Plantations. 
In General Assembly, January Session, A. D. 1842. 

Whereas a portion of the people of this State, without the 
forms of law, have undertaken to form and establish a consti- 
tution of government for the people of this State, and have 
declared such Constitution to be the supreme law, and have 
communicated such Constitution unto this General Assembly ; 
and whereas many of the good people of this State are in dan- 
ger of being misled by these informal proceedings : therefore, 

It is hereby resolved by this General Assembly, That all 
acts done by the persons aforesaid for the purpose of imposing 
upon this State a Constitution, are an assumption of the powers 
of government, in violation of the rights of the existing gov- 
ernment, and of the rights of the people at large. 

Resolved, That the Convention called and organized in pur- 
suance of an act of this General Assembly, for the purpose of 
forming a Constitution to be submitted to the people of this 
State, is the only body which we can recognize as authorized 
to form such a Constitution ; and to this Constitution the whole 
people have a right to look, and we are assured they will not 
look in vain for such a form of government as will promote 
their peace, security and happiness. 

Resolved, That this General Assembly will maintain its own 
proper authority, and protect and defend the legal and consti- 
tutional rights of the people. 

True copy: — Witness, 

HENRY BOWEN, Sec'ry. 



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